In the case of Link Up Mitaka Ltd (trading as The Bigword) v Language Empire Ltd and another the defendant was ordered to pay £142,044 in damages as a result of setting up, maintaining and using two websites.
The claimant provided translation and interpretation services in the UK and the EU (amongst other places) under and by reference to two trade marks: (i) UK trade mark no. 25708002 for 'THEBIGWORD'; and (ii) EU trade mark no. 010478972 for 'thebigword'. The first defendant company also carried on the business of providing translation and interpretation services in, among other places, the UK (the second defendant was the sole director and shareholder of the first defendant.)
The claimant brought a claim against the defendants, alleging that they had infringed the trade marks by setting up, maintaining and using two websites whose names infringed on the Trade Marks. The defendants did not file a defence and the claimant obtained judgment in default. A hearing was held to determine the level damages and to place the websites into the claimant’s ownership.
The following issues were decided:
The registration of the name and/or logo of your business as a trade mark makes it far easier to ensure you can protect your business if another entity were to try and use a similar or identical mark. If you would like advice on registering a Trade Mark then please contact Oliver Kew.
Published on 25/10/2018